Labor

  • May 06, 2026

    6th Circ. Injunction Flip Signals Tougher Climb For NLRB

    The Sixth Circuit's recent decision to scrutinize the National Labor Relations Board's evidence of harm when it seeks emergency injunctions signals that courts may give the board a tougher time as they grapple with U.S. Supreme Court precedent eroding the courts' deference to the agency.

  • May 06, 2026

    DHS Can Keep Operating At Minn. Schools For Now, Judge Says

    A Minnesota federal judge Wednesday refused to block the U.S. Department of Homeland Security's 2025 guidance that rescinded a policy barring federal agencies from carrying out immigration enforcement actions near public schools, ruling that the educators challenging the policy have failed to show they are likely to establish standing.

  • May 06, 2026

    Judge Blocks Southwest From Some Employee Investigations

    A Texas federal judge delayed the deposition of multiple pilots after Southwest's union alleged the airline threatened witnesses with discipline right before they sat for depositions, saying the company could not bring new disciplinary actions against union-related witnesses for actions from over two years ago without prior court approval.

  • May 06, 2026

    Police Union Group Gets Ch. 11 OK To Pursue Fla. Appeal

    The International Union of Police Associations AFL-CIO received approval Wednesday in Florida bankruptcy court to modify the automatic stay in its Chapter 11 case to pursue its appeal of an adverse state court judgment in a sexual harassment case that drove it into bankruptcy last month.

  • May 06, 2026

    NLRB Official Nixes Union Vote At Security Co.

    A National Labor Relations Board official has tossed a Teamsters local's bid to represent a group of employees at a security services company in California, finding that some of the workers are not eligible to be represented by a union that represents employees who are not guards.

  • May 06, 2026

    NLRB Official Sides With Traffic Co. In Unit Description Row

    A National Labor Relations Board official rejected a Laborers local's petition to change the description of the 107-member unit that the union represents at a Colorado traffic-control company, saying the current label fits the unit better than the one the union seeks.

  • May 06, 2026

    DC Circ. Fast-Tracks DOT Immigrant Truck Driver Rule Review

    The D.C. Circuit will expedite its review of challenges to the U.S. Department of Transportation's new restrictions on commercial licenses for foreign truck drivers, but has already expressed skepticism about the petitioners' claims that the restrictions are pretext for an anti-immigrant agenda of the Trump administration.

  • May 06, 2026

    Judge Tells FEMA Officials To Preserve Signal Chats

    A California federal judge has ordered Federal Emergency Management Agency and U.S. Department of Homeland Security officials to preserve Signal messages tied to FEMA operations in a lawsuit challenging the Trump administration's restructuring efforts, citing concerns that officials used disappearing-message settings while discussing matters relevant to the case.

  • May 06, 2026

    ADT Unlawfully Aided Union Ouster, NLRB Says

    ADT violated federal labor law by soliciting the decertification of an International Brotherhood of Electrical Workers local and promising workers better benefits and working conditions if they got rid of the union, the National Labor Relations Board ruled.

  • May 05, 2026

    Worker Fights 2nd Circ.'s Toss Of Teamsters Fund ERISA Suit

    The U.S. Supreme Court should revive claims that the New York State Teamsters Conference Pension and Retirement Fund was mismanaged, a Teamsters-represented worker argued, asking the justices to breathe new life into his twice-dismissed Employee Retirement Income Security Act lawsuit.

  • May 05, 2026

    ERISA Recap: 5 Litigation Developments From April

    The U.S. Supreme Court turned down a bakery company's bid for review of a union multiemployer pension withdrawal bill, the Fourth Circuit held a bonus plan was exempt from federal benefits law, and the Sixth Circuit ruled federal law preempted Arkansas pharmacy benefit manager laws and regulations. Here's more on those and two other major decisions from April that benefits attorneys may want to know.

  • May 05, 2026

    Unions Say High Court Backs Standing In AI Surveillance Suit

    Three labor unions cited a recent U.S. Supreme Court ruling in their lawsuit alleging a government surveillance program scours online activity for viewpoints the Trump administration dislikes and leverages the threat of immigration enforcement to suppress speech, arguing that the high court's decision supports their standing in the case.

  • May 05, 2026

    NJ-NY Tunnel Commission Asks Court To Toss PLA Challenge

    The Gateway Development Commission asked a New Jersey federal judge to toss a construction contractor's constitutional challenge to a project labor agreement that the commission used on a Hudson Tunnel Project initiative, saying the PLA requirement that the contractor is fighting doesn't violate the right to freedom of association.

  • May 05, 2026

    Ogletree Adds Ex-Jackson Lewis Labor Pro In Boston

    A former equity principal from Jackson Lewis PC with nearly three decades of experience representing and counseling employers on labor and employment issues has joined Ogletree Deakins Nash Smoak & Stewart PC as a shareholder in its Boston office, the firm has announced.

  • May 05, 2026

    3rd Circ. Backs Arbitration For Pilot's Military Bias Case

    The Third Circuit on Tuesday held that a pilot who sued Piedmont Airlines Inc. for allegedly discriminating against him by refusing him a $70,000 bonus because he was away on military duty must arbitrate his claims because it involves an interpretation of his union's collective bargaining agreement.

  • May 05, 2026

    Alcoa, Retirees Reach Deal In 7th Circ. Life Insurance Fight

    Alcoa USA Corp. and a class of retirees told the Seventh Circuit on Tuesday they had reached a tentative settlement in a long-running dispute over union retiree life insurance benefits, asking the court to cancel a scheduled May 20 oral argument while they finalize the deal.

  • May 04, 2026

    Spirit Airlines' Demise To Reshape Low-Cost Competition

    Rival airlines have scrambled to boost routes, plug service gaps and snatch up Spirit Airlines customers in the two days since the budget carrier's demise, raising alarms about what other casualties might be in store for an airline industry reeling from skyrocketing jet fuel costs.

  • May 04, 2026

    6th Circ. Sets Standard For NLRB Injunctions In Hospital Case

    Federal judges shouldn't issue injunctions in failure-to-bargain cases unless concrete evidence shows that the employer's snub of the union will cause harm, a split Sixth Circuit panel has decided, dissolving an injunction against a Michigan hospital and creating a circuit split on the question of when such injunctions are appropriate.

  • May 04, 2026

    Va. On Verge Of Widening Union Rights For Public Employees

    Virginia is poised to expand public sector bargaining rights for the second time in less than a decade, a move that experts said would be a victory for organized labor and a fundamental shift for public employees in the commonwealth.

  • May 04, 2026

    Justices Urged Not To Take Up Macy's Thryv Challenge

    Macy's Inc.'s challenge to a Ninth Circuit ruling upholding a National Labor Relations Board order to reinstate strikers misstates the controlling precedent and mounts an "academic" attack on the board's heightened remedies, the operating engineers said Monday in a brief opposing U.S. Supreme Court review.

  • May 04, 2026

    Ariz. Charter School Teachers Get OK For Union Vote

    Faculty members at a network of Arizona charter schools can vote on representation by an American Federation of Teachers affiliate, a National Labor Relations Board official has ruled, rejecting the school's argument that it is a political subdivision exempt from federal labor law.

  • May 04, 2026

    EEOC Urged To Investigate Teachers' Union For Antisemitism

    An advocacy nonprofit focused on the rights of Jewish people announced Monday that it has filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission alleging the National Education Association has let antisemitism pervade its ranks.

  • May 04, 2026

    Carpenters Trustees Reach Deal In Allianz Loss Suit

    A group of union carpenters and the trustees of their retirement plans have reached a proposed settlement in a class action accusing the fiduciaries of mismanaging pension assets by investing in risky hedge funds that lost more than $250 million.

  • May 04, 2026

    Dental Office Can't Ax Worker For Pay Talk, NLRB Judge Says

    A Montana dental office violated federal labor law by firing an employee for discussing a bonus related to bill collections with a co-worker after telling her not to do so, a National Labor Relations Board judge held.

  • May 04, 2026

    Ill. Builder Says Union Forum Had No Power To Issue Award

    Newberg Construction Co. Inc. has asked an Illinois federal court to vacate an arbitration award issued in favor of the International Union of Operating Engineers, Local 150, arguing the decision was issued without any valid agreement binding the company to the union.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • How Employers Should Prep For NLRB, OSHA Collaboration

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    The National Labor Relations Board and the Occupational Safety and Health Administration’s recent announcement of increased interagency cooperation may suggest that each agency will be expanding its scope of inquiry moving forward, and signals that employers need to be prepared for inspections that implicate both OSHA and NLRB issues, say attorneys at Baker Donelson.

  • 3 Evolving Issues Shaping The College Sports Legal Playbook

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    Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.

  • Employer Lessons After 2023's Successful Labor Strikes

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    Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • Employers Should Review Training Repayment Tactics

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    State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.

  • Extra NLRB Risks To Consider From Joint Employer Rule Edit

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    The National Labor Relations Board’s return to a broad definition of “joint employer” will expose companies — even those with only theoretical control of their outside consultants, contractors or franchise workers — to increased labor obligations and risks, further escalating their already expanding National Labor Relations Act liabilities, says William Kishman at Squire Patton.

  • AI At Work: Safety And NLRA Best Practices For Employers

    Excerpt from Practical Guidance
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    There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.

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